§281-75  Analyses.  Whenever the liquorcommission or investigator thereof has reason to believe or suspect, oncomplaint or otherwise, that any liquor being manufactured or which ispossessed or kept for sale by any licensee is or may be impure or adulteratedor otherwise not conformable to any lawful requirement, the commission orinvestigator thereof or other person authorized in writing by the commission orby the investigator may secure a sample thereof for analysis.  Upon such samplebeing obtained, as though by ostensible purchase or otherwise, the personprocuring the same shall immediately disclose to the licensee the person'soffice or authority and purpose, and in case the procurer is a person otherthan the commission or the investigator the procurer shall then deliver to thelicensee a copy of the written order for the procurement of the sample.  Thebottle or other container containing the sample shall then and there be sealedby the procurer thereof before being taken from the premises of the licenseeand the licensee may also attach the licensee's seal thereto.

The investigator shall cause the sample soobtained to be immediately delivered with the seal or seals unbroken to thestate department of health or some competent analyst employed by the commissionwho shall make an analysis of the liquor and shall send a certified reportthereof to the investigator, who shall immediately file the same with thecommission's administrator.

If the sample analyzed is found pure andunadulterated and conformable with all legal requirements for such liquor, thecertificate referred to in the preceding paragraph shall so state, and thecommission shall pay to the licensee a sum equal to the value of the sample,and if requested by the licensee the administrator shall furnish the licensee acopy of the analysis.

If the certificate of analysis shows the sampleto be impure or adulterated or contrary to any legal requirement the licenseeshall be prosecuted for selling, or offering for sale, or furnishing forbiddenliquor in violation of this chapter. [L Sp 1933, c 40, §41; RL 1935, §2610; RL1945, §7263; RL 1955, §159-74; am L Sp 1959 2d, c 1, §19; HRS §281-75; gen ch1985; am L 1990, c 171, §22]